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"Musing & Meanderings" about Mediation

It seems but 2 or 3 years ago since the landscape changed with the advent of mediation being the norm (certainly in the common law jurisdiction), when a case was nearly ready for trial. I suspect in fact it is more accurately put at some 10 years ago since mediation at such stage in the life of any piece of common law litigation, had any real lingering whisper of novelty.
 
Again I suspect that my initial scepticism, upon the arrival of this foundling offspring leaked in major part from the loins of Harvard, was shared by many of you.

Probably many of my fellow sceptics of those days share my present feeling of being amongst those who came to mock and remained to pray.

Today I would like to offer a brief review of what seem to me to be some currently identifiable Mediators' Styles, the modis operandi if one likes, of some Common Law Mediators operating in the arena of the NSW common law jurisdiction. They may be broadly albeit not exhaustively categorised, one hopes with appropriate reverence, as follows...

EVALUATIVE MEDIATION

"A Mediator should never provide an opinion or advice concerning the merits of a case" verses "a Mediator should always offer an evaluative opinion on the dispute"

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PARTIES' ATTENDANCE IN MEDIATION HEARINGS

It is crucial to the success of any mediation that compliance be enforced with the requirement of attendance of the parties in person and an officer from corporate parties with full authority to settle.

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POSITION PAPERS

I think it fair to ask of a mediator that she or he advises the parties immediately upon appointment that a Position Paper is required and that it should include from both sides a Schedule of Damages.

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Mediator Styles

THE HOORAY HENRY/JOLLY HOCKEY STICKS BRIGADE

As is evident from the title this group is populated by members of both leading genders - occasionally ranks swelled by adherents of a seeming third.

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THE "HANDS OFF" OPERATOR

Extreme proponents of this modus operandi decide to attend the mediation at all only after a gruelling mental battle with the seductive allure of total abstinence.

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PATRICIAN NON-SMOOCHER

Addressing legal representatives "You chaps/chapettes have to settle this - I don 't like to interfere much at mediations"

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Mediation Practice Areas

Compensation
Commercial Disputes  
Contested Estates  
Entertainment / Sporting Contract Disputes  
Matrimonial Property Disputes  
Professional Negligence  
Unlawful Slander / Defamation
Workplace Disputes / Unfair Dismissal  

Sydney CBD Chambers+view

Michael B Williams SC - Mediator
William Dean Chambers
Level 3, 167 Phillip Street,
SYDNEY NSW 2000

DX 1300 Sydney
TEL 02 9231 0077
FAX 02 9235 1492

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Auckland Chambers+view

Michael B Williams SC - Mediator
Bankside Chambers
Level 22 88 Shortland Street,
AUCKLAND 1140


TEL +64 9 379 0802
FAX 64 9 377 0997

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Michael B Williams, SC - Mediator

Email - williams@williamdeanechambers.com.au

Sydney CBD - Phone: 02 9231 0077    Fax: 02 9235 1492

Auckland - Phone: +64 9 379 0802    Fax: +64 9 377 0997

For Sydney Chambers call:       02 9231 0077
For Auckland Chambers call: +64 09 379 0802

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